Empowering You With Legal Knowledge, What to Do If Your Complaint Is Not Accepted by the Police
If the police refuse to register your complaint, don’t panic. Indian law gives you the right to be heard—especially in cases involving crimes against women. Here’s what to do.
1. Know Your Right: FIR Must Be Registered
Under Section 154(3) of the Criminal Procedure Code (CrPC), if your complaint reveals a cognizable offence—such as domestic violence, stalking, sexual assault, acid attack, kidnapping, or other serious crimes—the police are legally obligated to register a First Information Report (FIR). They cannot refuse to file it on arbitrary grounds.
A cognizable offence is one where police officers have the authority to register a case and begin an investigation without prior approval from the court. If your complaint clearly points to such an offence, the duty to act lies with the police.
If the officer in charge refuses to register the FIR:
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You can approach a senior police official such as the Superintendent of Police (SP) or Commissioner.
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You can send a written complaint via post or email to the District SP or Police Headquarters.
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You can also file a private complaint directly with the Magistrate under Section 200 of the CrPC.
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Additionally, you may approach the Women’s Commission or Human Rights Commission, who may intervene and direct the police to act.
Remember: You don’t need a lawyer to file an FIR. You simply need to present the facts. You also have the right to receive a free copy of the FIR after it's registered.
Knowing this legal provision ensures that your voice is not dismissed, and the criminal justice system takes appropriate action.
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2. Escalate to a Senior Police Officer
If the local police station won’t help, you can escalate your complaint in writing to:
- Deputy Commissioner of Police (DCP)
- Superintendent of Police (SP)
Attach documents or evidence to strengthen your case.
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3. File an Online Complaint
You can file complaints through state police websites or portals like the National Cyber Crime Reporting Portal.
You can also email your district’s DCP/SP. Their contact info is often listed online.
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4. Approach a Magistrate
Under Section 156(3) CrPC, you can approach a Judicial Magistrate and request an order directing the police to file an FIR and investigate.
This is a legal remedy available when police inaction violates your rights.
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5. File a Complaint with the Women’s Commission
If your complaint involves a gender-based issue, contact:
They can direct police to act, conduct inquiries, and monitor case progress.
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6. Call Women’s Helplines or Legal Aid
Contact the following for assistance and guidance:
- Women’s Helpline: 1091
- NCW WhatsApp Helpline: 7827170170
- Legal Services Authority (Free Legal Aid): 15100
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7. Maintain Documentation
Keep physical and digital copies of:
- Written complaint submissions
- Emails, screenshots of online forms
- Names and IDs of police officers involved
This documentation is crucial for further legal escalation or court filings.
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8. Consider Legal Support
If you're unable to get police cooperation, contact a lawyer or NGO. They can help file writs, approach commissions, or pursue legal action to protect your rights.
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Final Thoughts
You have the right to be heard. Silence helps the wrongdoers—action brings justice. Don’t give up if the police refuse to act. Use your legal options. In such cases if you feel unheard, contact us via our contact page.
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